P. v. Barahona
Defendant and appellant Jonathan Esteven Castro Barahona was convicted by jury of the second degree robbery of Spencer Blanco in violation of Penal Code section 211,[1]with the further finding that defendant personally used a handgun in the commission of the offense within the meaning of section 12022.53, subdivision (b). Defendant was sentenced to 15 years in state prison and ordered to pay various fines and penalties, including restitution to the victim in the amount of $870.
In his timely appeal from the judgment, defendant argues the evidence was insufficient to support the finding that he used a firearm in the commission of the robbery, and the trial court abused its discretion by setting the amount of restitution without a hearing. Court affirm.
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